BILL ANALYSIS Ó
AB 672
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Date of Hearing: April 22, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
672 (Jones-Sawyer) - As Introduced February 25, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires the California Department of Corrections and
Rehabilitation (CDCR) to provide transitional services to
wrongfully convicted persons upon their release. Specifically,
this bill:
AB 672
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1)Requires CDCR to assist a person who was wrongfully convicted
with obtaining an identification card upon release from
prison.
2)Requires CDCR to provide transitional services to a wrongfully
convicted person, including housing assistance, job training,
and mental health services, as determined by CDCR, for a
period of not less than six months and no more than two years
upon release.
FISCAL EFFECT:
1)Moderate to significant costs to CDCR of $450,000 to $1.8
million (GF) to provide transitional services for six months
to two years. Annual estimate for one wrongful convicted
individual is $36,000. In 2014, there were 51 court-ordered
discharges from CDCR, if 25 of these individuals were
wrongfully convicted and services were provided for six to
twelve months, the cost would have been $450,000 to $900,000
the first year. Assuming similar numbers the second year, the
cost on the second year could reach $1.8 million if all
individuals received two years of services.
2)The cost for CDCR and DMV to provide a valid California
identification card upon release of a qualifying individual is
unknown because it is not practical. The processing timeframe
for identification cards is at least 120 days and often times
CDCR does not have advance warning of a court-ordered release.
COMMENTS:
AB 672
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1)Purpose. According to the author, "AB 672 is intended to
ensure that individuals who are released from prison after
being wrongfully convicted, are able to access reentry
services such as housing assistance or job training. This bill
was inspired by Anthony Obie who after spending 17 years in
prison for a crime he did not commit, was released in 2011
with just the clothes on his back and a few dollars in his
pocket."
2)California Commission on the Fair Administration of Justice
Report and Recommendations: A 2008 report by the California
Commission on the Fair Administration of Justice addresses
some of the obstacles faced by persons who have established
their innocence after conviction of a crime in gaining access
to post-conviction relief, achieving reintegration into
society, and gaining compensation for their wrongful
convictions. As to reintegration in particular, the report
states:
"Ironically, even the limited resources made available to
convicted felons who have served their sentences and are
released from prison are not available to those whose
convictions have been set aside. Parolees are released to the
community in which they were arrested or convicted; services
such as counseling and assistance in locating housing or jobs
are limited to those who remain under parole supervision. But
those who are being released because their conviction is set
aside, including those who have been found innocent, receive
none of these services. Those who have been released back
into the community after successfully challenging their
convictions, whether innocent or not, face the same obstacles
encountered by parolees, and more? Even those who were well
educated and fully employed at the time of their wrongful
conviction had difficulty finding work after their release."
AB 672
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3)Victim Compensation and Government Claims Board. Existing
law, Penal Code Section 4900 et seq., authorizes a person
convicted and imprisoned for a felony to submit a claim to the
Board for pecuniary injury sustained as a result of erroneous
conviction and imprisonment. Pursuant to SB 618 (Leno), Chap.
800/2013, if a person has secured a declaration of factual
innocence from the court after having his or her conviction
set aside, the finding is grounds for payment of a claim
against the state and upon application by the petitioner, the
Board shall, without a hearing, recommend to the Legislature
an appropriation to cover the claim. Likewise, if the court
finds the petitioner has proven his or her innocence by a
preponderance of the evidence, or the court grants a writ of
habeas corpus concerning a person who is unlawfully
imprisoned, or when the court vacates a judgment for a person
on the basis of new evidence concerning a person who is no
longer unlawfully imprisoned, and the court finds the evidence
points unerringly to innocence, the Board shall, upon
application by the claimant, without a hearing, recommend to
the Legislature an appropriation to cover the petitioner's
claim.
If these provisions do not apply, the claimant is required to
introduce evidence in support of his or her claim at a hearing
before the Board, and the Attorney General (AG) may introduce
evidence in opposition. The claimant must prove, by a
preponderance of the evidence, that the crime was either not
committed at all, or, if committed, was not committed by the
claimant; that the claimant did not contribute to the arrest
or conviction for the crime; and that the claimant sustained
pecuniary injury though the erroneous conviction and
imprisonment. If a claimant meets the burden of proof, the
Board shall recommend to the Legislature an appropriation of
$100 per day of incarceration served in a state prison
subsequent to the claimant's conviction.
AB 672
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4)Prior Legislation:
a) AB 2308 (Stone), Chapter 607, Statutes of 2014, required
CDCR and DMV to ensure that all inmates released from state
prisons have valid identification cards.
b) SB 618 (Leno), Chapter 800, Statutes of 2013,
streamlined the process for compensating persons exonerated
after being wrongfully convicted and imprisoned.
Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081